The trial of e-scooters

by | Jul 17, 2020 | Purpose Built (LexisNexis)

<p>On 30 June 2020, the Department for Transport (DfT) <a data-sf-ec-immutable="" href="https://www.gov.uk/government/news/rental-e-scooter-trials-to-be-allowed-from-this-weekend">announced</a> that rental electric scooters would be available for the first time in the UK as part of the government&rsquo;s effort to support a &lsquo;green&rsquo; restart of local transport following the easing of lockdown measures.&nbsp;</p><p>&lsquo;E-scooters&rsquo; are now being introduced as part of a 12-month trial to test the impacts they have on traffic, safety and the use of public space in local areas. Given the potential for e-scooters to provide a means of socially distanced travel and reduce the number of passengers making use of public transport, this trial has been&nbsp;<a data-sf-ec-immutable="" href="https://www.gov.uk/government/news/2-billion-package-to-create-new-era-for-cycling-and-walking">fast-tracked and expanded</a> to all local areas in England, Scotland and Wales.</p><p><a data-sf-ec-immutable="" href="https://www.legislation.gov.uk/uksi/2020/663/made">Legislative changes</a> which came into force on 4 July 2020 allow rental e-scooters to be driven on cycle lanes, and DfT expects trials to begin by August 2020. The use of private e-scooters remains illegal.</p><p>&nbsp;</p><h2>Background to the trial </h2><p>From 16 March to 3 July 2020, the government held a <a data-sf-ec-immutable="" href="https://www.gov.uk/government/consultations/future-of-transport-regulatory-review-call-for-evidence-on-micromobility-vehicles-flexible-bus-services-and-mobility-as-a-service">call for evidence</a> as part of the DfT&rsquo;s <a data-sf-ec-immutable="" href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/846593/future-of-mobility-strategy.pdf">Future of Mobility: Urban Strategy</a>, which laid out the government&rsquo;s principle-based approach to innovating the transport sector. The call for evidence asked, among other things, for respondent’s views on the regulation of micromobility vehicles (which includes e-scooters).&nbsp;</p><p>Micromobility vehicles were proposed as&nbsp;a way to replace short car journeys and provide alternative mobility in areas with limited public transport. They can act as &lsquo;first/last-mile&rsquo; transport options between parking spots and final destinations, or homes and transport hubs. DfT also discussed the potential benefit of e-scooters providing inclusive and environmentally-friendly modes of transport, while reducing road congestion.</p><p>&nbsp;</p><h2>E-scooters and the environment&nbsp;</h2><p>One of the governing principles of the DfT&rsquo;s <a data-sf-ec-immutable="" href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/846593/future-of-mobility-strategy.pdf">Urban Strategy</a> is the requirement that new mobility services &lsquo;lead the transition to zero emissions&rsquo;.&nbsp;This is in line with the government&rsquo;s </p>
Source: LexisNexis Purpose Built
The trial of e-scooters

Coronavirus (COVID-19)—court refuses to injunct adjudication proceedings (Millchris Developments v Waters)

by | Jul 6, 2020 | Purpose Built (LexisNexis)

<div><p>In <em>Millchris Developments Ltd v Waters&nbsp;</em><a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/legal/docview/getDocForCuiReq?lni=608H-B0B3-GXFD-809J&amp;csi=316762&amp;oc=00240&amp;perma=true&amp;elb=t" target="_blank">[2020] EWHC 1320 (TCC)</a>,
the Technology and Construction Court refused to grant an interim injunction to prohibit the defendant from continuing or commencing adjudication proceedings, rejecting the claimant&rsquo;s submission that the coronavirus (COVID-19) pandemic gave
rise to exceptional circumstances in which an injunction should be granted.</p></div><h3>What are the practical implications of this case?</h3><p>The case confirms that it will only be in exceptional circumstances that the court will grant an injunction to restrain adjudication proceedings where the basis put forward is that the adjudication will necessarily be conducted in breach of natural
justice. An example of such a scenario, suggested by the court, was where the adjudicator had made it plain that they only intended to hear from one party.</p><p>In relation to the impact of the coronavirus pandemic on adjudication proceedings, the ruling makes it clear that the court will expect the parties to give thought to appropriate workarounds, such as remote conferences and site visits, in order to
enable proceedings to continue. Where a party remains concerned that it is unable to comply with an adjudication timetable, the best solution may be to seek to agree an extension with the other party or adjudicator (as appropriate), rather than
attempt to restrain the proceedings entirely.</p><h3>What was the background?</h3><p>Ms Waters appointed Millchris to carry out works at her home in Margate under a JCT Home Owner Contract. Although the contract was not subject to the&nbsp;<a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/construction/document/412012/608J-C3B3-GXFD-80YH/linkHandler.faces?psldocinfo=Coronavirus__COVID_19__court_refuses_to_injunct_adjudication_proceedings__Millchris_Developments_v_Waters_&amp;linkInfo=F%23GB%23UK_ACTS%23num%251996_53a_Title%25&amp;A=0.2811847759253514&amp;bct=A&amp;risb=&amp;service=citation&amp;langcountry=GB" target="_parent">Housing Grants, Construction and Regeneration Act 1996,&nbsp;</a>it provided an express right for disputes to be referred to adjudication.</p><p>On 23 March 2020, Waters commenced an adjudication against Millchris in relation to alleged overcharging on the final account and defects. An adjudicator was appointed and the timetable provided for Waters to serve her submission by 30 March and for
Millchris to respond by 3 April. On 26 March, Millchris wrote to the adjudicat</p>
Source: LexisNexis Purpose Built
Coronavirus (COVID-19)—court refuses to injunct adjudication proceedings (Millchris Developments v Waters)